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Duarte sentenced for probation violation

Joseph Edward Duarte

Staff Reports

Boone News-Republican

On May 5, 2014, Joseph Edward Duarte, age 31, of Boone, was sentenced to 10 years in prison for a probation violation.

According to the Certificate of Probable Cause filed with the court on Nov. 21, 2012, Duarte was found with the precursors and ingredients to manufacture methamphetamine at his residence. Also found at the residence was a spent “One-Pot” methamphetamine lab. The Iowa DCI Laboratory confirmed that found at the residence was remnants of a “One-Pot” methamphetamine lab containing sludge that tested positive for methamphetamine.

On May 28, 2013, Duarte pled guilty to the charge of manufacture of methamphetamine and/or possession with intent to manufacture methamphetamine in violation of Iowa Code section 124.401(1)(c). Manufacture of methamphetamine is a Class C Felony with a maximum penalty of up to 10 years in prison. On Nov. 18, 2013, the district court gave Duarte a sentence of two to five years probation, fine of $1,000, and his 10 year prison sentence was suspended.

A probation revocation hearing was heard in the district court on May 5. The state was represented by Daniel Kolacia with the Boone County Attorney’s Office. After a hearing, the court found that Duarte violated the terms of his probation. The Boone County Attorney’s Office made the recommendation to revoke Duarte’s probation and for the court to sentence him to ten 10 years in prison. The court did sentence Duarte to 10 years in prison with the Iowa Department of Corrections. Duarte will have to serve a mandatory minimum of 3 1/3 years before he is eligible for parole. Duarte also faces a 180-day driver’s license revocation with the Iowa Department of Transportation.